I am married since June 2007 (but without any marriage registration; although have Passport with husbands name). I have a 5 year old daughter and I want a divorce due to multiple issues with my husband (addicted to alcohol, mental harassment etc).
For proving your marriage, the marriage certificate is not essential. You can establish your marriage by producing marriage invitation card, joint photograph, your passport containing your husband's name, ration containing your name while he being head of the family, few other documents wherein his name as mentioned as husband in them.
If my husbands salary is close to double mine and there are 2 different properties in his mother's and father's name (which he and his sister may inherit) what can I expect as the legally due support in terms of: 1. Maintenance for myself 2. Maintenance & education of my child 3. Right over the property he will inherit.What should be my approach to get my dues legally.
Basically the rule is that you cannot claim maintenance if you are employed and drawing a good salary. However, to maintain an equal status you can claim maintenance from your husband for yourself. Please note that it becomes the duty of the father to pay maintenance amount to the child. But you have no right to claim a share in his property inherited from his father or self acquired during his life time. If it was a share from the ancestral property, your child may be entitled to a share out of her father's share in the property. "Interim maintenance is also awarded to ensure that during the pendency of the proceedings, the wife is able to maintain the same standard of living which she was used to, in her matrimonial house because of the earning of the husband," it said.